mobile homes
π What is mobile homes? Meaning and definition
In the UK, the term 'mobile homes' is used in the context of specific legal frameworks, primarily the Mobile Homes Act 1983. This Act, as amended, governs the relationship between mobile home owners and site owners, particularly concerning the 'pitch fee'. The pitch fee is the charge paid by the mobile home owner for the right to station their home on a specific plot within a mobile home park.
Disputes often arise regarding the review and determination of these pitch fees. When an agreement cannot be reached between the mobile home owner and the site owner, either party can apply to the First-tier Tribunal (Residential Property) for a determination. The Tribunal's role is to review the proposed pitch fee and decide on a fair amount, often considering factors like the Retail Price Index (RPI) or Consumer Price Index (CPI) for adjustments.
The Tribunal's decision on a pitch fee is legally binding and sets the fee for a specified period, usually a year, starting from a particular date. The process involves an application, a review notice proposing an increase, and a hearing where the Tribunal considers the arguments from both the applicant (often the site owner) and the respondent (the mobile home owner). The goal is to ensure that pitch fees are determined fairly and in accordance with the relevant legislation.
π Requirements
- A mobile home is situated on a rented pitch.
- There is a 'pitch fee' payable by the mobile home owner to the site owner.
- A dispute exists regarding the level of the pitch fee.
- An application is made to the First-tier Tribunal for determination of the pitch fee.
π Procedure
- The site owner issues a Pitch Fee Review Notice proposing an increase.
- An application is made to the First-tier Tribunal (Residential Property) for determination of the new pitch fee.
- The Tribunal sends a letter to the parties requesting a response.
- A hearing is conducted by the Tribunal, which may be online.
- The Tribunal issues a decision determining the new pitch fee and its effective date.
π‘ Examples
- A couple living in a mobile home received a notice from their site owner proposing an increase in their annual pitch fee, which they disputed, leading to a Tribunal application.
- The owner of a mobile home park applied to the First-tier Tribunal to determine a new pitch fee for a specific property after negotiations with the resident failed.
- The Tribunal corrected an earlier decision regarding a mobile home pitch fee after discovering an accidental slip where the wrong index (CPI instead of RPI) was used for calculation.
- Thirteen applications were made to the Tribunal by a mobile home park owner for pitch fee reviews, resulting in the Tribunal determining a new fee per plot.
π Legal basis
- Mobile Homes Act 1983
- The Tribunal Procedure (First Tier Tribunal) (Property Chamber) Rules 2013
β Frequently asked questions
What is a pitch fee for a mobile home?
A pitch fee is the regular payment a mobile home owner makes to the site owner for the right to keep their mobile home on a specific plot of land within a mobile home park.
Can my mobile home pitch fee be increased?
Yes, pitch fees can be increased. The site owner typically proposes an increase through a Pitch Fee Review Notice, and if you disagree, the First-tier Tribunal can determine the new fee.
What happens if I disagree with a proposed pitch fee increase?
If you disagree with a proposed increase, either you or the site owner can apply to the First-tier Tribunal (Residential Property) to have them determine the new pitch fee. The Tribunal will consider the evidence and make a decision.
What law governs mobile home pitch fees in the UK?
The Mobile Homes Act 1983, as amended, is the primary legislation that governs the review and determination of pitch fees for mobile homes in the UK.
How does the Tribunal calculate a new pitch fee?
The Tribunal considers various factors, often including inflation indices like the Retail Price Index (RPI) or Consumer Price Index (CPI), along with other relevant circumstances, to determine a fair and appropriate pitch fee.
